“…This case expanded my personal knowledge of…how vulnerable adults from other jurisdictions can be treated under the provisions of the MCA…”
Tag Archives: Not Secret Court
Accessing Open Justice: Our Experience
“…Overall, we encourage anyone with an interest in open justice (which should be everyone), including students, or aspiring lawyers, to utilise this great project and raise awareness of just how open, open justice can be…”
Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s wishes and leave ‘Best Interests’ decision-making to the judge?
“…Do we need to change the system? Should P’s ‘Litigation Friend’ instruct P’s lawyer to promote P’s views – and leave ‘Best Interests’ decision-making to the judge?”
Addressing the Oral Judgment to the Person it Most Concerns
By Celia Kitzinger, 3rd August, 2020 Something exceptional happened in a hearing I observed last week. A judge – it was Mr Justice Cobb – delivered an oral judgment directly to the young woman at the centre of the case, addressing her by name. This was the 53rd hearing I have observed in the CourtContinue reading “Addressing the Oral Judgment to the Person it Most Concerns”
Navigating Approaches to Care when Family and Local Authority Disagree
By Hilary Paxton, 31st July, 2020 On 29 June I started a job as a 2-day per week trainee Independent Mental Capacity Advocate (IMCA) and Relevant Person’s Representative (RPR) for an advocacy provider in Yorkshire. I am currently doing my induction and lots of training. I have never worked with the Court of Protection andContinue reading “Navigating Approaches to Care when Family and Local Authority Disagree”
Over-ruling P’s Strong Wishes in a Best Interests Decision: Autonomy, Protection and P’s voice
“…The position taken by the Official Solicitor (OS) meant that the Local Authority (the applicant), the NHS Trust (the second respondent) and the OS (the first respondent) all took exactly the same position – all opposed to P’s wishes. It felt very one-sided and as though nobody was arguing for what P wanted, except for P herself…”
A Stop-Start Hearing
“…I’m glad that I took the time to do this observation, even if I didn’t observe as much of the court’s process as I had expected. I think I’m more aware now of what to expect if I ever had to be in the court myself. It was time well spent..”
Restrictions, Covid-19 and a Glass of Champagne
“…bserving the hearing was interesting and made me reflect on my own experience of conducting capacity assessments and the extent to which they would hold up in court….”
Lived Experience and Professional Expertise as a Lawyer in the Court of Protection
“…We are not faceless, and any one of us could become involved as the subject of, or family member to a person subject to Court of Protection proceedings…”
A Tale of Two Sisters
“…The case revealed a welcome input of pragmatism from a judge who saw that what was being sought by the respondent in this case wasn’t quite what the law was designed to address….”
Promoting Open Justice in the Court of Protection 